Bill C-288 (Historical)

Kyoto Protocol Implementation Act

An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol

The purpose of this enactment is to ensure that Canada meets its global climate change obligations under the Kyoto Protocol. It requires the Minister of the Environment to establish an annual Climate Change Plan and to make regulations respecting climate change. It also requires the National Round Table on the Environment and the Economy to advise the Minister — to the extent that it is within its purpose — on the effectiveness of the plans, and requires the Commissioner of the Environment and Sustainable Development to submit to the Speaker of the House of Commons a report of the progress in the implementation of the plans.

Canada's Clean Air Act

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am very pleased to participate in the debate on Bill C-30, Canada's clean air act, as the government is calling it. This bill amends three existing acts: the Canadian Environmental Protection Act, the Energy Efficiency Act and the Motor Vehicle Fuel Consumption Standards Act.

We have been waiting a long time for the Conservative government to tell us what it plans to do to fight climate change and smog. We waited a long time because up to now, the policies of the Conservative Party, a political party on the verge of taking power more than a year ago, had nothing to offer in terms of measures or an effective plan to respect Canada's commitments under the Kyoto protocol signed in that Japanese city in 1997.

The bill before us here today is a far cry from what we were expecting. First of all, we were expecting a plan and a bill that would integrate the targets for greenhouse gas reductions set out by the Kyoto protocol, especially during the first phase of reductions of greenhouse gas emissions. Similar to Bill C-288, which is currently in committee, we were expecting this bill to include a 6% reduction in greenhouse gas emissions between 2008 and 2012, compared to 1990 rates.

Not only does this nearly 36-page bill never mention Kyoto, it also never refers to this target for reducing greenhouse gases during the first phase of targeted reductions. I would remind the House that this target was endorsed by Canada.

The bill also contains nothing about the second phase of reductions or the government's intentions. The only target the government is proposing here today to fight climate change is a target somewhere between 45% and 65% in greenhouse gas reductions by 2050, as though we can continue to produce greenhouse gases without worrying about short-, medium- and long-term targets for reductions. This is no different than presenting a business plan to a board of directors of a private company—and I wonder what the government would do—with no short- or medium-term goals, but only one objective for 2050.

Personally, I think that board of directors would send its managers back to do their homework, so that they could present a realistic plan that respects the international commitments signed by Canada.

Not only does the bill set a target for 2050, but the reference level for this 45% to 65% reduction in emissions is 2003, rather than 1990 as set out by Kyoto.

What does that mean in reality? It means that we will start calculating the reduction in greenhouse gas emissions in 2003, as if nothing happened in the provinces or certain industrial sectors before 2003. Yet the Province of Quebec—sadly, we are just a province, even though we are now a nation—is one of the first provinces to have tabled a plan to fight climate change.

Quebec is prepared to comply with greenhouse gas reduction targets that use 1990 as the reference year. But the government is proposing 2003 as the reference year, as if it were possible to emit more greenhouse gas before 2003. In addition, this bill does not provide for offsetting credits for industrial sectors that have reduced their emissions in relation to 1990 levels.

This bill therefore does not comply with the international commitments signed by Canada. In introducing Bill C-30, Canada has flip-flopped on its international environmental commitments.

This government has also decided to set aside something that is vital to Quebec: the principle of equity. Past efforts by the provinces and territories and by industries should be recognized under the government's bill, yet there is nothing in the bill that does this.

In addition, we are expecting major efforts in transportation, an important sector in Quebec. What is the government proposing? Essentially, it is telling us that the voluntary approach that the government has agreed on with the auto industry can continue on its merry way until 2011. After 2011, the government will consider regulations based not on the most effective criteria and standards in North America—those in California—but on standards comparable to those of the U.S. Environmental Protection Agency.

They have decided, in terms of automobile manufacturing standards, to use lower benchmarks, and thus lower the standards, when Canada should be using its regulations to raise them. Worse yet, we learned just this morning that the government will have two systems for the industrial sectors: one that will be based on the intensity of emissions and another on the absolute reduction in greenhouse gas emissions.

It has been decided in Canada to spare the oil and gas industry at the expense of the industrial sectors that have made some efforts in the past. This is the second unfair factor: after the territorial aspect, or the non-recognition of the efforts made by Quebec since 1990, this is unfair to the industrial sector, in that Canada's oil industry is being spared.

We are indeed in favour of referring Bill C-30 to committee, but we believe that fundamental improvements need to be made to this bill. Recognition of the Kyoto targets, especially in the first phase, must be seen in the very essence and spirit, the principle and preamble of the bill.

We need stronger commitments and an immediate plan that will allow us to take action in the second phase of greenhouse gas emissions reduction, a year from now, in Bali, when the international community will begin to reflect on the system that should be applied in this second phase. The only debate we are having in this House is on the reduction objective for 2050.

Let me say again: if executives were to present this plan to a board of directors, they would be sent back to the drawing board to come up with reduction targets for the short, medium and long terms.

I will close by addressing a major aspect that we will defend in the parliamentary committee: this principle of acknowledging the territorial approach. We have not, thus far, been able to achieve our greenhouse gas emissions reduction targets because the proposed plans require reduction from coast to coast and Canada's economic structure differs from one province to another, while Quebec's energy policy also differs from those of the other provinces.

In committee, we will be working on having this territorial approach recognized within Bill C-30.

Kyoto Protocol Implementation Act--Speaker's Ruling

[The Speaker, Peter Milliken]

The Chair is now prepared to rule on the point of order raised by the hon. government House leader on June 16, 2006 in relation to the procedural issues relating to Bill C-288, the Kyoto protocol implementation act, standing in the name of the hon. member for Honoré-Mercier.

I want to begin by thanking the hon. government House leader for having raised this matter and by thanking the hon. members for Mississauga South, Honoré-Mercier and Winnipeg Centre for having made contributions on this matter.

In his submission, the government House leader argued that this bill commits the government to significant expenditures and therefore requires a royal recommendation. In support of this fact, he referred to the spending which was included in the supplementary estimates for the 2005-06 fiscal year by the previous government. Parliament was dissolved in November 2005 before the appropriation act emanating from those estimates could be voted on, and subsequently the moneys were authorized through Governor General special warrants. The House leader therefore concludes that it is evident that this bill entails considerable spending and so requires a royal recommendation.

In a ruling earlier this week on a similar matter, namely, C-292, An Act to implement the Kelowna Accord, the Chair made a distinction between a bill asking the House to approve certain objectives and a bill asking the House to approve the measures to achieve certain objectives. So too in the case before us, the adoption of a bill calling on the government to implement the Kyoto protocol might place an obligation on the government to take measures necessary to meet the goals set out in the protocol but the Chair cannot speculate on what those measures may be. If spending is required, as the government House leader contends, then a specific request for public monies would need to be brought forward by means of an appropriation bill, as was the case in 2005, or through another legislative initiative containing an authorization for the spending of public money for a specific purpose.

As it stands, Bill C-288 does not contain provisions which specifically authorize any spending for a distinct purpose relating to the Kyoto protocol. Rather, the bill seeks the approval of Parliament for the government to implement the protocol. If such approval is given, then the government would decide on the measures it wished to take. This might involve an appropriation bill or another bill proposing specific spending, either of which would require a royal recommendation.

As Bill C-288 stands, however, the Chair must conclude that the bill does not require a royal recommendation and may proceed.

Bill C-288--Kyoto Protocol Implementation Act

[Pablo Rodriguez, Liberal, Honoré-Mercier, QC]

Mr. Speaker, this point of order relates to my private member's bill.

It is with great pleasure that I rise to respond to points raised by the Leader of the Government in the House of Commons and Minister for Democratic Reform concerning my private member's bill, Bill C-288, An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol.

On June 16, the Leader of the Government rose on a point of order concerning my bill, saying that it would require royal recommendation. He said:

I find it difficult to see how this bill can mandate the government to fully meet existing Kyoto targets without also committing the government to additional significant expenditures in the billions of dollars.

I would like to begin by reminding the hon. member about the contents of my bill. It would require the Minister of the Environment to prepare a yearly climate change plan that describes measures to be undertaken to ensure that Canada respects its obligations under paragraph 3(1) of the Kyoto protocol.

The bill would also require that the government make, amend or repeal the appropriate regulations, in order to meet its obligations under the Kyoto protocol. It also calls on the Commissioner of the Environment and Sustainable Development to submit an evaluation of the government’s annual plans.

The bill also allows the government, in making, amending or repealing regulations, to “take into account any reductions in greenhouse gas emissions that are reasonably expected to result from the implementation of other governmental measures, including spending and federal-provincial agreements”.

Thus, while Bill C-288allows the government to spend in order to meet the Canadian objectives in the Kyoto protocol, it does not require that it do so at all. In fact, it is the government’s option. The government alone would decide whether to spend in addition to making regulations. It is therefore up to the government to decide.

I would like to address the question of how Canada would meet its Kyoto objectives without government spending.

To start with, I would assure the House that it is perfectly possible that Canada will meet its Kyoto obligations by the regulatory route alone.

For example, consider the broadest practical domestic emissions trading system described in the 2002 Government of Canada discussion paper on Canada's contribution to addressing climate change. The system would require all fossil fuel suppliers to hold permits equivalent to the greenhouse gas emissions produced by burning the fossil fuels that they sell. Such a system would cover most emissions from industry, electricity generation, buildings and transportation.

In total, the report estimates that this regulated emissions trading system would cover in the order of 80% of Canada's total greenhouse gas emissions. Using this approach, the government could adopt regulations to obtain any desired amount of reductions from sources, making up 80% of Canada's emissions. Most or all of the remaining 20% of national emissions which come mainly from agriculture landfills and some industrial processes could also be reduced by granting offset credits that would be bought and sold by the private sectors.

Regulations to increase the energy efficiency of vehicles, equipment, appliances and other consumer products will round out the approach. Thus, Canada could certainly meet its Kyoto target through regulations alone.

The six greenhouse gases covered by the Kyoto protocol are already listed in Schedule 1 to the Canadian Environmental Protection Act, which gives the government broad powers to regulate them.

CEPA also allows for a domestic emissions trading system under section 11.

In other words, the government already has everything it needs to regulate greenhouse gas pollution right now. Its powers are more than sufficient for Canada to be able to meet its Kyoto obligations without spending any new public funds.

The report I have just quoted sets out the results of economic modelling of the approach I described. According to that economic model, meeting our Kyoto objectives by relying essentially on an extended emissions rights trading system would mean that we could increase our GDP by more than if we just maintained the status quo. By achieving our Kyoto objectives in that way, we would create jobs and increase both real disposable personal income and real investment. We must therefore stop seeing the Kyoto protocol as a threat, and instead look at it as a business opportunity.

Despite these advantages, my bill would not require the government to take that approach. The government could choose, for a variety of reasons, to combine regulations and spending. The provisions of my bill leave the decision entirely up to the government.

Canada ratified the Kyoto protocol in December 2002 after receiving support from the majority of members of Parliament. That support was affirmed in May when a motion in the House calling on the government to meet its Kyoto targets won overwhelming support from members of Parliament.

In spite of the failure of the present government to provide any leadership on emissions reduction, Canada is still a party to the Kyoto protocol. We are bound by it. Under international law, we are still required to meet our national objective.

As well, in the 2006 budget, the House also approved $2 billion in appropriations for measures relating to climate change. So even though my bill does not call for any spending by the government, there are substantial funds available to combat climate change.

To sum up, the Kyoto objective that Canada has agreed to meet still applies, and Canada has an obligation to the entire world to meet that commitment. I will say it again: Canada has the resources and the powers that it needs to meet its obligations under the Kyoto protocol simply by taking the regulatory route.

Consequently, my bill does not call for any recommendation to authorize new spending. I would hope, Mr. Speaker, that when you consider this information you will come to the same conclusion.